Question :
When can a marriage be considered invalid under Texas law despite the presumption of validity?
Answer:
While Texas strongly presumes the validity of every marriage, that presumption can be overcome only in limited circumstances, as laid out in Chapter 6 of the Texas Family Code. A marriage may be declared void or voidable under the following conditions:
Void Marriages (automatically invalid):
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Incestuous marriages: Between close relatives (e.g., siblings, parents and children, aunts/uncles and nieces/nephews)
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Bigamous marriages: Where one party is still legally married to someone else
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Underage without court approval: If a person was under the legal age and no proper consent or judicial approval was obtained
Voidable Marriages (valid until annulled):
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Fraud, duress, or force used to induce the marriage
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Mental incapacity at the time of marriage
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Impotence unknown to the other party
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Marriage within 72 hours of getting the license (without judicial waiver)
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Influence of drugs/alcohol impairing consent
A court must issue a decree of annulment for voidable marriages. In contrast, void marriages may be challenged and declared invalid without the need for annulment, though a suit to declare them void is often filed to create a formal record.